Page:United States Statutes at Large Volume 113 Part 1.djvu/71

 PUBLIC LAW 106-25—APR. 29, 1999 113 STAT. 47 (i) has made progress toward achieving the objectives described in the application submitted pursuant to paragraph (3)(A)(iii); and (ii) demonstrates in the request that local educational agencies or schools affected by the waiver authority or waivers have made progress toward achieving the desired results described in the application submitted pursuant to paragraph (4)(A)(iii). (7) AUTHORITY TO ISSUE WAIVERS.— Notwithstanding any other provision of law, the Secretary is authorized to carry out the educational flexibility program under this section for each of the fiscal years 1999 through 2004. (8) PUBLIC NOTICE AND COMMENT.— Each State educational agency seeking waiver authority under this section and each local educational agency seeking a waiver under this section— (A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency's application for the proposed waiver authority or waiver in a widely read or distributed medium, including a description of any improved student performance that is expected to result from the waiver authority or waiver; (B) shall provide the opportunity for parents, educators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver; (C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and (D) shall submit the comments received with the agency's application to the Secretary or the State educational agency, as appropriate. (b) INCLUDED PROGRAMS. — The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs carried out under the following provisions: (1) Title I of the Elementary and Secondary Education Act of 1965 (other than subsections (a) and (c) of section 1116 of such Act). (2) Part B of title II of the Elementary and Secondary Education Act of 1965. (3) Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act). (4) Title IV of the Elementary and Secondary Education Act of 1965. (5) Title VI of the Elementary and Secondary Education Act of 1965. (6) Part C of title VII of the Elementary and Secondary Education Act of 1965. (7) The Carl D. Perkins Vocational and Technical Education Act of 1998. (c) WAIVERS NOT AUTHORIZED.—The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement— (1) relating to—

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